Èisteachd eucorach às aonais neach-lagha: a bheil e ceadaichte agus dè na cunnartan a tha ann?

An adult suspect in the Netherlands is not obliged to have a lawyer (advocaat) at a criminal hearing; you may defend yourself before the police magistrate, the district court and the court of appeal. The main exceptions are suspects in pre-trial detention and juvenile suspects in custody, who are assigned a lawyer by law.

Attending alone is lawful and, for a simple case before the police magistrate, not unreasonable. The decision is best made on the basis of what actually happens at a hearing: the case file must be studied in advance, the moments to challenge evidence are limited, and sentencing is argued separately from guilt.

A bheil neach-lagha èigneachail aig èisteachd eucorach?

No. Unlike most civil cases before the district court, where a lawyer is required, criminal law leaves the choice to you. This applies to all levels: police magistrate (politierechter), the three-judge criminal chamber (meervoudige strafkamer) and the court of appeal (gerechtshof).

A lawyer is assigned to you by law if you are held in pre-trial detention (voorlopige hechtenis). Juvenile suspects (under 18) are also assigned a lawyer when they are taken into custody. If you are arrested, a duty lawyer (piketadvocaat) is available at no cost to you for consultation before your first police interview.

What happens at a criminal hearing?

A criminal hearing follows a fixed order. The hearing is public unless the court decides otherwise, and you have the right to remain silent throughout.

1. The judge opens the case and checks your identity.
2. The public prosecutor (officier van justitie) briefly states the charge.
3. The judge discusses the case file and questions you; witnesses or experts may be heard.
4. The judge discusses your personal circumstances.
5. The prosecutor gives the closing speech (requisitoir) and states the sentence demanded.
6. You or your lawyer respond in the plea (pleidooi).
7. You have the last word.
8. The judgment follows immediately or at a later date, usually two weeks later.

The court may only convict if it is convinced of your guilt on the basis of legal means of evidence (Article 338 of the Code of Criminal Procedure, Sv). Evidence that is not challenged when the court examines the file is in practice treated as established.

What is the difference between the police magistrate and the criminal chamber?

The police magistrate is a single judge who handles simpler cases and usually gives judgment orally at the end of the hearing. The police magistrate cannot impose a prison sentence of more than one year. More serious cases go to the three-judge criminal chamber, which normally gives a written judgment later.

In neither court is a lawyer mandatory. In the three-judge chamber, however, the file is usually larger, the possible sentence is higher and the legal issues are more complex, so representation makes more difference.

What can you do yourself without a lawyer?

You may inspect the case file, give your account, answer or refuse to answer questions, ask witnesses questions through the judge and speak last. You can also ask the public prosecutor to summon witnesses, at the latest ten days before the hearing (Article 263 Sv).

What you have to do yourself is read the whole file, spot procedural defects and present mitigating circumstances with documents. Typical points that unrepresented suspects miss are an unlawful search, an unreliable identification, or a police interview held without the right to consult a lawyer having been offered.

What does a lawyer change at the hearing?

Three things change. First, the file is examined in advance for defences such as unlawfully obtained evidence; see our article on how to fianais dùbhlanach in Dutch criminal cases.

Second, a lawyer knows when to make requests, such as hearing witnesses or experts, and makes them within the deadlines. Third, sentencing is argued separately: work, care responsibilities and treatment already started are supported with documents, and alternatives such as community service or a (partly) suspended sentence are proposed.

Can your lawyer attend without you?

Yes. If you do not attend, a lawyer who states that you have expressly authorised them can conduct your defence (Article 279 Sv). The court can still order you to appear in person if it considers your presence necessary.

How much does a criminal lawyer cost?

Cost is often the reason to attend alone, so check first whether that is necessary. Subsidised legal aid (gesubsidieerde rechtsbijstand) through the Legal Aid Board (Raad voor Rechtsbijstand) is available below income and capital limits that are set every year, with a personal contribution based on income.

In pre-trial detention a lawyer is assigned without a personal contribution. For private fees, see our page on the cost of a neach-lagha eucorach anns an Òlaind.

What happens after the judgment?

You can appeal to the court of appeal within 14 days after the judgment (Article 408 Sv). If you did not attend and were not summoned in person, the period may start later, once it is clear you know of the judgment. The appeal is lodged at the court registry (griffie), by you or by a lawyer you have authorised.

The court of appeal reviews the case in full and may impose a lower or a higher sentence; the public prosecutor can also appeal. The sentence is not enforced until the judgment is final. After the appeal judgment, you can lodge an appeal in cassation with the Supreme Court (Hoge Raad) within 14 days, which reviews only the application of the law.

A conviction is recorded in the Judicial Documentation System (Justitiële Documentatie). That can affect a later application for a certificate of conduct (Verklaring Omtrent het Gedrag, VOG), which many employers require.

What can we do for you at a criminal hearing?

Ar luchd-lagha ann an lagh eucorach assist suspects before the police magistrate, the criminal chamber and the court of appeal, in Dutch and English. For an overview of the procedure, see our page on the Siostam ceartas eucorach Duitseach.

• We review the full case file and tell you which defences and procedural points are available.
• We request the summoning of witnesses and experts within the ten-day deadline of Article 263 Sv.
• We prepare you for questioning by the judge and for your last word.
• We collect documents on your personal circumstances and argue for an appropriate sentence.
• We attend the hearing on your behalf if you are authorised not to appear (Article 279 Sv).
• We assess an appeal and lodge it within the 14-day deadline.

Geàrr-chunntas

• Adults are not obliged to have a lawyer at a criminal hearing; suspects in pre-trial detention and juveniles in custody are assigned one.
• The hearing follows a fixed order, with the prosecutor’s closing speech, the plea and your last word at the end.
• A lawyer adds most value in reviewing the file, making timely requests and arguing the sentence.
• An authorised lawyer can defend you if you do not attend (Article 279 Sv).
• Appeal and cassation must each be lodged within 14 days.

Ceistean Àbhaisteach